File No. 567

Senate, April 28, 2005

The Committee on Judiciary reported through SEN. MCDONALD of the 27th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING ARBITRATION IN CERTAIN FAMILY RELATIONS MATTERS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) In any case under this chapter where the parties have submitted to the court an agreement concerning the custody, care, education, visitation, maintenance or support of any of their children or concerning alimony or the disposition of property, the court shall inquire into the financial resources and actual needs of the spouses and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the spouses is fair and equitable under all the circumstances. If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d.

(b) Agreements providing for the care, education, maintenance or support of a child beyond the age of eighteen entered into on or after July 1, 2001, shall be modifiable to the same extent as any other provision of any order or decree in accordance with section 46b-86.

(c) The provisions of chapter 909 shall be applicable to any agreement to arbitrate in an action for dissolution of marriage under this chapter, provided (1) an arbitration pursuant to such agreement may proceed only after the court has made a thorough inquiry and is satisfied that (A) each party entered into such agreement voluntarily and without coercion, and (B) such agreement is fair and equitable under the circumstances, and (2) such agreement and an arbitration pursuant to such agreement shall not include issues related to child support and custody. An arbitration award in such action shall be confirmed, modified or vacated in accordance with the provisions of said chapter.

Sec. 2. Section 52-408 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

An agreement in any written contract, or in a separate writing executed by the parties to any written contract, to settle by arbitration any controversy thereafter arising out of such contract, or out of the failure or refusal to perform the whole or any part thereof, or a written provision in the articles of association or bylaws of an association or corporation of which both parties are members to arbitrate any controversy which may arise between them in the future, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, or an agreement in writing between the parties to a marriage to submit to arbitration any controversy between them with respect to the dissolution of their marriage, except issues related to child support and custody, shall be valid, irrevocable and enforceable, except when there exists sufficient cause at law or in equity for the avoidance of written contracts generally.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either House thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill permits parties to a dissolution of marriage proceeding to agree to arbitrate the matter except for issues related to child support and custody. Providing another alternative dispute mechanism for certain issues in marriage dissolution proceedings could decrease the workload of the Judicial Department’s Family Division and thereby speed the disposition of cases. Any efficiencies gained under the bill are not expected to yield a reduction in caseloads sufficient to substantially decrease staffing or expenses. As a consequence, any budgetary savings are anticipated to be minimal.



OLR Bill Analysis

sSB 1194

AN ACT CONCERNING ARBITRATION IN CERTAIN FAMILY RELATIONS MATTERS

SUMMARY:

This bill permits divorcing couples to submit disputes, except those involving child support or custody, to binding arbitration. It requires advance approval by the court, which must determine that (1) each party voluntarily agreed to arbitrate and (2) the terms of their written arbitration agreement are fair and equitable under the circumstances.

It subjects marital arbitrations to the same rules, standards, and limited court review as currently apply to other arbitrations.

EFFECTIVE DATE: October 1, 2005

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute